Employers are required to verify the identity and employment authorization of new hires, including those that are minors. This is done by completing Form I-9, Employment Eligibility Verification, for each new employee (or rehire). Section 1 must be completed by the employee on or before the first day of employment, and section 2 must be completed by the employer within three business days of hire.
Employers hiring minors may run into challenges in meeting these requirements, however, because minors often lack proper documentation for completing an I-9 form. For instance, unless the minor has a U.S. Passport, U.S. Passport Card, Permanent Resident Card, or other “List A” document (i.e., documents that establish both identity and employment authorization), the minor will have to produce both a “List B” (i.e., a document that establishes identity) AND “List C” (i.e., document that establishes employment authorization) document. While most minors should be able to produce a Social Security Card or Birth Certificate to satisfy List C, some minors may not possess a Driver’s License, State Identification Card, or School ID with a photograph that would establish their identity for purposes of List B.
If an employer participates in E-Verify, a minor will have to obtain and present a List A document, or a combination of a List B identity document with a photo and a List C document.
If an employer does not participate in E-Verify, an employer may enlist assistance from the minor employee’s parent or legal guardian to establish the minor’s identity for purposes of Form I-9. This is done by having the parent or guardian (1) complete Section 1 of the I-9 form and write “Individual under age 18” in the signature space; and (2) fill out and sign the “Preparer and/or Translator Certification” block. The minor employee should not sign the I-9 form. Once Section 1 is complete, the employer’s representative will complete Section 2 of the form by writing “Individual under age 18” under List B and recording the List C document the minor presents.
The following illustrations show how the I-9 should be completed for a minor who does not possess a List B document.
